The Labour Movement in Australasia a Study in Social Democracy
The Labour Movement in Australasia a Study in Social Democracy
Victor S Victor Selden Clark
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Canons of equity were to regulate the contractual rela- tions of masters and servants. By repeating a 2o8 Aspects of Compulsory Arbitration very ancient legal fiction, a jus naturaU oper- ariarum was conjured into existence, which was to guide the court in giving decisions. The law was supposed to be already in being, but awaiting application; the rights of the parties were supposed to be already created, but await- ing definition and enforcement. These assump- tions were natural corollaries of... the conception of an arbitration law as primarily a means for enabling disputants to settle their differences. Judicial procedure satisfied the original intent of the statute. The development of this legislation, however, has been in another direction. The arbitration court has become an agent for regulating indus- try. Its action has been mandatory rather than conciliatory, not because the judge desired to assume this attitude, but because his duties and responsibilities forced it upon him. The work- ers regard the court as an instrument for social betterment — as a substitute for strikes.
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